Judge criticizes federal prosecutors for relying on testimony by officer with credibility concerns

WASHINGTON (AP) — A federal judge ruled Thursday that police in the nation’s capital illegally seized a gun from a man they stopped outside a laundromat, blasting the officers’ account as unreliable and sharply criticizing Justice Department prosecutors for relying on testimony from an officer who has been discredited by other judges.

The ruling comes at a moment when policing in Washington, D.C., is under an extraordinary spotlight, with the city grappling with rising public scrutiny of officer misconduct and the Trump administration directing a surge of federal law enforcement resources into the district earlier this year.

U.S. District Judge Ana Reyes’ decision goes beyond the particulars of the May arrest. She chided prosecutors for putting on the stand an officer whose credibility has been questioned by at least two other judges. The case raises fresh questions about how federal authorities vet the officers they rely on — especially as Washington has become a test case for national debates over crime, enforcement and public trust.

Reyes said she is “extremely disappointed” that prosecutors from U.S. Attorney Jeanine Pirro’s office decided to elicit testimony from Metropolitan Police Department Investigator Harvy Hinostroza during a pretrial hearing for Davis’ case. Reyes said the courts can’t tolerate police officers falsely testifying under oath.

“It also undermines the public’s confidence in our system of justice,” Reyes said.

Reyes barred prosecutors from using the seized gun as evidence against Deandre Davis, who was arrested on firearms charges after officers approached him outside a laundromat in Washington, D.C., on May 19. The judge said she would entertain a defense motion to dismiss the charges against Davis if U.S. Attorney Jeanine Pirro’s office doesn’t drop the case in the next 30 days.

Reyes said she didn’t believe key portions of Hinostroza’s testimony during a pretrial hearing for Davis’ case.

“He has been dishonest about major issues in the past,” the judge added.

A spokesperson for Pirro’s office didn’t immediately respond to an email seeking comment on the judge’s remarks. A spokesperson for the police department declined to comment. A message sent to the union that represents MPD officers wasn’t immediately returned.

In two previous cases, judges in D.C. Superior Court discredited Hinostroza’s testimony about smelling marijuana before making arrests, according to defense attorney Eugene Ohm. Hinostroza said he wasn’t disciplined for his 2017 testimony but remained under an Internal Affairs investigation for his 2024 testimony, Ohm said.

In the case before Reyes, Hinostroza testified that he saw Davis standing with two other men and passing around a marijuana cigarette.

Ohm, an assistant federal public defender, said surveillance camera video contradicts key details of the officers’ testimony about their reasons for approaching the men.

“The (officers) purported to see this information from approximately a pool length away. Respectfully, no one’s eyes are that good,” Ohm wrote.

Hinistroza also testified that he could tell Davis was smoking marijuana based on the smoke emitted by the cigarette.

“This is laughable and defies common sense,” Ohm wrote. “Investigator Hinistroza did not prevent any credible testimony about how had developed this novel ability to identify different types of smoke by sight, which is a first for defense counsel.”